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HomeMy WebLinkAboutOrdinances (O-98-1089)-02/03/1998 ORDINANCE 0-98-1089 AN ORDINANCE WHEREBY THE CITY OF COLLEYVILLE, TEXAS AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. 0-92-877, AS AMENDED BY ORDINANCE NO. 0-93-896, TO PROVIDE AN AMENDMENT TO THE CURRENT FRANCHISE AGREEMENT HEREAS, the City of Colleyville, hereinafter referred to as the "CITY" adopted and approved Ordinance No. 0-92-877 on September 1, 1992, as amended by Ordinance No. 0-93-896, adopted on April 6, 1993, which was accepted by Southwestern Bell Telephone Company, hereinafter referred to as the "TELEPHONE COMPANY" on May 6, 1993 (hereinafter referred to as Ordinance No. 0-92-877); and HEREAS, TELEPHONE COMPANY and the CITY desire to extend the term of Ordinance No. 0-92-877 as provided in this Ordinance; and HEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE COMPANY that the term of Ordinance No. 0-92-877 be extended. OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS, THAT; THAT the CITY and TELEPHONE COMPANY agree to amend Ordinance 0- 92-877, as amended by Ordinance 0-93-896, to provide an amendment to the current Franchise Agreement, extending the agreement until December 31,1998. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and clause hereof as an alternative method of publication provided by law. ND IT IS SO ORDERED: e first reading and public hearing being conducted on the 2 0 ~ 1998. day of he second reading and public hearing being conducted on the ay of @ril/lIt 1998. 3-J rdinance 0-98-1089 age 2 of 2 e Harris, CMC ity Secretary PPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE ~~h~ ichard Newton Mayor Southwestern Bell Telephone @ Southwestern Bell November 14, 1997 The Honorable Richard Newton Mayor, City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 Dear Mayor Newton: This is in reference to City Ordinance No. 0-92-877 passed September 1, 1992, amended by City Ordinance No. 0-93-896 passed April 6, 1993 relating to Southwestern Bell Telephone Company, which will expire December 31, 1998. As long as no other telecommunication provider has applied for access to the City's rights-of-way in order to provide local service, Southwestern Bell is proposing that the current ordinance be amended to extend its term and to provide for automatic annual renewal thereafter. Attached for the City's review and formal action, is an amending ordinance to provide for extension of the term. Upon approval, please return in the attached self-addressed envelope one signed copy. Section 2 of the proposed amending ordinance are changes needed in light of the revised Public Utility Regulatory Act of 1995 enacted by the 74th Texas State Legislature. This law mandates that cities cannot discriminate between telecommunications companies in the rules for right-of-way use, or the fees the city charges for such use. Our proposed language will help position the City and Southwestern Bell to jointly respond in an appropriate way under the revised law should another telephone service provider propose to serve customers in Colleyville. These additions are necessary, in our opinion, for any amendments to ordinances after the September 1, 1995 effective date of the law. Assuming the City approves, and since the other provisions of Ordinance Numbers 0-92- 877 and 0-93-896 remain unchanged, the annual payment due the City for the year beginning January 1, 1998 will be no less than the amount for the current year. A separate letter confirming this payment will be sent after the city acts to extend the current ordinance. The City's favorable consideration of our proposal at the earliest convenience will be appreciated. Should you have any questions, please call me on (817) 338-6764. Sincerely, ~Q/"! TU"~! Area Manager-External Affairs Enclosure j 'S e,1fI< city Of Texas February 6,1998 Gary Terry Area Manager-External Affairs Southwestern Bell Telephone 1240 Park Place Hurst, Texas 76053 Dear Terry: In regard to the request from Southwestern Bell that the City of Colleyville amend the current franchise agreement, I have reviewed the information provided by Robert Burton. I am prepared to recommend to the Colleyville City Council that they adopt an ordinance that extends the existing agreement until December 31, 1998, and authorize me to sign the proposed agreement (enclosure). The ordinance would be similar to the one adopted by the City of Bedford (enclosure). This item will be placed on the February 17 City Council agenda for consideration. Please let me know if you have any questions. Sincerely, \SV\l C. Robert Stripling City Manager enclosures P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 FEB-03-1998 15:53 SI.JBT GAR'l' TERRY @ Southwestern Bell Telephone '~The One to CiJlJ On'~,." February 3, 1998 '-1r." At/2 Manager TO: Bob Stripling FROM: Gary Terry RE: Southwestern Bell Municipal Fee Ordinance Bob, I hope this does not presenf a problem, but I must request that the second' reading of our extension ordinance be tabled for the February 3. 1998 meeting. Some how, we got our wires crossed and are unable to attend your council meeting tonight Please place it on the February 1'P' agenda if possible. '240 PadrPlaal f\mIt TfIiIS 7Ql53 1laIIe 817 J38.6764 i1X817596-3G P.02,02 TOTAL P.02